Human Resource Blog

Medical leave question FMLA

An employee recently had to use FMLA because she had surgery. When she returned to work we had hired two new employees and she no longer had an office or a desk, phone, etc. The manager says that they are required to give her a position, but they are not required to give her a work area. The HR person says they must give her a work area comparable to the one she had when she left. Who is right?

The HR person is right, of course.

Under FMLA, the federal Family and Medical Leave Act, an employee must be returned to her job after FMLA leave. This includes having the same wages, hours, benefits and working conditions. Not having a desk or a phone is a dramatic change in working conditions.

If the employees old desk is still in use, she should probably be returned to it. If the entire office has been rearranged, then the employee may be given a new desk in a different area. But not giving her any desk is unfairly penalizing her for taking FMLA. Employers are not permitted to take any negative job action because an employee uses FMLA. This is enforced by the U.S. Department of Labor, at www.dol.gov.